The Law Of Brewing In New York In 1665

Nothing more fun than asking the librarian if they happen to have a complete set of the colonial laws of the state of New York and being told that, yes, in fact that could be found right over there. The Duke of York’s Laws for his new royal colony from 1665. See, while most colonies were set up as private interests under a charter from the Crown, New York was to be the model and ultimately the administrative centre of Britain in North America. Or rather England at that point in time. Here is the full text which includes these provisions related to brewing:

That no person whatsoever shall henceforth undertake the Callingor work of Brewing Beere for Sale, but only such as are known to have Sufficient Skill and knowledge in the art or Mistery of a Brewer, That if any undertake for victualling of Ships or other Vessels or Master or owner of any such Vessels or any other person shall make it appear that any Beer bought of any person within this Government do prove unfit, unwholesome and useless for their supply, either through the insufficiency of the Mault or Brewing or unwholesome Cask, the Person wronged thereby, shall be and is hereby enabled to recover equal & Sufficient damage by Action against that Person that put the Beer to Sale.

What do we see? First, it regulates the sale of beer, not brewing. Second, you can’t sell a beer for drinking on board that sucks. That’s it. Pretty straight forward. One assumes that the ban on the sale of “unfit, unwholesome and useless” beer for ships was made law because if you were do that in the land word would get around pretty quickly. Off the coast in a whaler? Takes a bit more time and the unconscionable business practices by brewers might be not be the first thing on the mind compared to, say, not dying at sea. I do like the word “useless” as it implies “use” which begs the question what is the use of beer. As we all say together as we gather at the pub – sanitary hydration.

There are more detailed laws relating to the keeping of Inns and Ordinaries. You need a certificate from the local constable and a license from two justices if you are selling at a volume of less than a cask. The beer has to have at least four bushels of malt to a hogshead and doors close at nine at night. Prices are set and fines established. The interesting thing is that these general rules are still the sorts of rules you see today in laws in Ontario, the true descendant of colonial NY. The function of the public house or inn as a place of relative safety, food, drink and sleep is a necessary then and now.

By the way, nice meaty paw, no? It’s like a live action library shot. If there were library bubblegum cards and I was in a set, that would be my photo.